People v. Lucarano

460 N.E.2d 1328, 61 N.Y.2d 138, 472 N.Y.S.2d 894, 1984 N.Y. LEXIS 4029
CourtNew York Court of Appeals
DecidedFebruary 21, 1984
StatusPublished
Cited by75 cases

This text of 460 N.E.2d 1328 (People v. Lucarano) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Lucarano, 460 N.E.2d 1328, 61 N.Y.2d 138, 472 N.Y.S.2d 894, 1984 N.Y. LEXIS 4029 (N.Y. 1984).

Opinion

OPINION OF THE COURT

Wachtler, J.

In these two appeals, we are again called upon to determine the proper limits on the custodial questioning of a [142]*142defendant in the face of knowledge by the police of defendant’s prior involvement with the criminal justice system. In both cases, the police were aware of pending, unrelated matters, but were told by defendants upon inquiry that they were not then represented by counsel on those matters. Defendants argue that, had the police gone further with their inquiries, they would have discovered that defendants were, despite their denials, represented by counsel, thus precluding questioning in the absence of a waiver executed in counsel’s presence. We do not interpret our decision in People v Bartolomeo (53 NY2d 225) to impose such a duty of further inquiry, at least where the circumstances indicate that it was not unreasonable for the officers to believe defendants’ statements that they were not represented by counsel. Thus, the motions to suppress were properly denied, and we therefore affirm the order of the Appellate Division in each case.

People v Lucarano

In People v Lucarano, the findings of the suppression court indicate that Detective James McCready, while investigating the beating death of an elderly woman, came upon information linking defendant to the crime. A check through Suffolk County records revealed that defendant had several prior arrests, the last of which had occurred only about two weeks previously. No disposition on the charges had, to the detective’s knowledge, been made. Upon Detective McCready’s inquiry of other detectives who knew defendant, he was informed that defendant’s troubles with the law stemmed from his relationship with his girlfriend, who was a married woman, and that his most recent arrest was triggered by the complaint of either defendant’s girlfriend or her husband.

While Detective McCready’s investigation was still underway, Police Officer Norman Bysheim, who had arrested defendant previously and thus was familiar with his troubles with his girlfriend,1 received a telephone call from [143]*143defendant’s mother. The call came from Brookhaven Memorial Hospital, where defendant had been taken following an automobile accident. Believing his girlfriend was responsible for the accident, defendant wanted Officer Bysheim’s assistance in taking recourse against her to end the harassment. Although Officer Bysheim could not meet with defendant at that time, he later learned that the Homicide Squad was interested in defendant and informed Detective McCready of defendant’s call.

Officer Bysheim thereafter arranged to meet with defendant. On the way to the hospital, Detective McCready was again informed that defendant’s arrests stemmed from his relationship with his girlfriend. At the hospital, defendant told the two officers that he was tired of being pushed around by his girlfriend and wanted to sue her. When asked who his lawyer would be, defendant responded that he did not have one, but his father was looking into it. Detective McCready then asked defendant specifically about his recent arrest and was told that he had no lawyer in connection with it. When the detective expressed disbelief that one with so many arrests had no lawyer, defendant responded that he did not need a lawyer because all of the arrests were connected with his girlfriend and would be resolved in Family Court. Contrary to this statement, but unknown to the officers, defendant was in fact represented by Legal Aid on several outstanding charges.

Thereafter, defendant initiated a conversation about the homicide then being investigated and told the officers that a person living near the victim had committed the crime. The following day, after defendant signed himself out of the hospital, he was arrested and given Miranda warnings. Defendant stated that he did not want an attorney present. Faced with the mounting evidence against him, defendant eventually admitted that he struck the victim with a wrench after unsuccessfully attempting to have sexual intercourse with her.

Defendant’s motion to suppress this statement was denied, and he was convicted of manslaughter in the first degree. The Appellate Division affirmed.

[144]*144People v Walker

In People v Walker, the findings below indicate that the victim of a severe assault had identified defendant as his assailant. A few days later, an investigating detective noticed on an arrest card that defendant had been arrested the previous night on a Family Court warrant. It was apparently assumed, correctly, that the warrant had issued in connection with a nonsupport proceeding. The matter was turned over to other detectives, who were informed of defendant’s recent arrest.

Thereafter, the defendant was brought in to speak with the detectives and was asked if he was represented on the Family Court matter or any other unrelated charge. Notwithstanding that defendant had in fact previously obtained Legal Aid representation on the nonsupport matter, he stated that he had no attorney and that the Family Court charge was nonsense. Defendant then explained that he did beat the victim with a hammer and a martial arts stick, because he was upset that the victim was trying to have sexual intercourse with defendant’s mother, who was not well.

Defendant’s motion to suppress this statement was denied, and his conviction of assault in the first degree was affirmed by the Appellate Division.

The Law

Both defendants argue that their statements should have been suppressed, because they were obtained without counsel present and under circumstances in which a valid waiver of the right to counsel could not be effected. Essentially, it is the defendants’ position that the police, who knew of the matters pending against the defendants, were bound to inquire further whether defendants had obtained representation on those matters, notwithstanding that an inquiry of defendants themselves in each case produced a denial of representation. Defendants argue that having failed to make that further inquiry, the police were chargeable with the information a “proper” inquiry would have revealed — that defendants were, despite their disclaimers, represented by counsel. We disagree.

[145]*145In recent years, this court’s efforts to delimit the proper bounds of police questioning of a suspect in custody has led to the development of several lines of cases dealing with an individual’s right to counsel. We began with the rule that once an attorney has entered a criminal proceeding for the purpose of representing a suspect in custody on the charges under investigation, further questioning is precluded in the attorney’s absence (People v Donovan, 13 NY2d 148; People v Arthur, 22 NY2d 325; People v Hobson, 39 NY2d 479). Nor can this right to the assistance of counsel be waived by the suspect unless his attorney is present. Thereafter, we expanded the circumstances under which the right is deemed to attach, holding that once, the police have knowledge that defendant is represented by counsel on an unrelated pending charge, no uncounseled waiver of the attorney’s assistance will be effective (People v Rogers, 48 NY2d 167).

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Bluebook (online)
460 N.E.2d 1328, 61 N.Y.2d 138, 472 N.Y.S.2d 894, 1984 N.Y. LEXIS 4029, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lucarano-ny-1984.